We'll see, but I don't think the law treats objects that way. We have to treat the facts as described in the question as if they were found to be true at trial. Imagine the inverse situation, in which someone argues they should not be convicted of assault because they threatened someone with something that's not traditionally considered a weapon.

The facts as presented fit a scenario in which it is clear to everyone that it was a joke from the outset, and the guest decides to press charges for some unrelated malicious reason. The law just isn't meant to be used that way, and it looks like the correct answer bears that out.

If the guest doesn't know the information that's stipulated in this bar question, then it's true that "I was joking" is no defense.

I guess the trick to these questions is that you don't assume anything that is not mentioned in the question itself. I think it's reasonable and prudent to assume that if someone points a gun at you, it's loaded. I mean you can buy a box of bullets at any freakin' Wal Mart - you don't have to use the bullets that have been put away. How many people are killed by "empty" guns?